People Ex Rel. Boatright v. Newlon

DEFENDANT in error was the duly appointed, qualified and acting adjutant general of Colorado. The Governor assumed to remove him. Defendant declined to surrender the office and this action in quo warranto was brought to try title thereto. Judgment was for defendant and plaintiff brings error.

Newlon was appointed "colonel and adjutant general" by Governor Shoup December 28, 1922, and the order of appointment recited that it was made under the act of 1921. He was relieved "as civil adjutant general", and another directed to assume the duties of that position during the vacancy, by order of…